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21 | II Série A - Número: 023S1 | 27 de Outubro de 2014

(b) the language of proceedings at the central division is a language which is not an official language of the Member State where the defendant has its residence, principal place of business or, in the absence of residence or principal place of business, place of business, and (c) the defendant does not have proper knowledge of the language of the proceedings.

CHAPTER III – PROCEEDINGS BEFORE THE COURT

ARTICLE 52 Written, interim and oral procedures

(1) The proceedings before the Court shall consist of a written, an interim and an oral procedure, in accordance with the Rules of Procedure. All procedures shall be organized in a flexible and balanced manner.
(2) In the interim procedure, after the written procedure and if appropriate, the judge acting as Rapporteur, subject to a mandate of the full panel, shall be responsible for convening an interim hearing. That judge shall in particular explore with the parties the possibility for a settlement, including through mediation, and/or arbitration, by using the facilities of the Centre referred to in Article 35.
(3) The oral procedure shall give parties the opportunity to explain properly their arguments. The Court may, with the agreement of the parties, dispense with the oral hearing.

ARTICLE 53 Means of evidence

(1) In proceedings before the Court, the means of giving or obtaining evidence shall include in particular the following: (a) hearing the parties; (b) requests for information; (c) production of documents; (d) hearing witnesses; (e) opinions by experts; (f) inspection; (g) comparative tests or experiments; (h) sworn statements in writing (affidavits).

(2) The Rules of Procedure shall govern the procedure for taking such evidence. Questioning of witnesses and experts shall be under the control of the Court and be limited to what is necessary.

ARTICLE 54 Burden of proof

Without prejudice to Article 24(2) and (3), the burden of the proof of facts shall be on the party relying on those facts.

ARTICLE 55 Reversal of burden of proof

(1) Without prejudice to Article 24(2) and (3), if the subject-matter of a patent is a process for obtaining a new product, the identical product when produced without the consent of the patent proprietor shall, in the absence of proof to the contrary, be deemed to have been obtained by the patented process.